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THE NATIONAL ASSEMBLY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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Law No. 84/2025/QH15 |
Hanoi, June 25, 2025 |
Pursuant to the Constitution of the Socialist Republic of Vietnam amended by the Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on Inspection.
This Law provides for organizing and conducting inspections.
Article 2. Interpretation of terms
For the purposes of this Law, the terms below shall be construed as follows:
1. “Inspection” means inspection authorities’ examination, assessment, conclusion and recommendation for handling of implementation of policies, compliance with laws, performance of duties and exercise of powers by authorities, organizations and individuals according to procedures as specified by the law.
2. “Inspection-conducting persons” include persons issuing inspection decisions (hereinafter referred to as “inspection decision issuers”), Chiefs and other members of inspectorates.
3. “Inspection program orientation” means a document on orientation to and focus on inspection within a year, approved by the Prime Minister at the request of the Inspector General of the Government Inspectorate.
4. “General inspection plan” means a document on major inspection duties within a year, issued by a Head of inspection authority for implementation of inspection program orientation and fulfillment of management requirements.
5. “Detailed inspection plan” means a document on specific contents, inspectee, period, time and method for conducting an inspection, prepared by a Head of inspectorate and approved by an inspection decision issuer.
6. “Inspection scope” means specific limit on contents, inspectee and period of inspection specified in an inspection decision.
7. “Inspectee” means an authority, organization or individual that undergoes inspection specified in an inspection decision and detailed inspection plan.
8. “Inspection content” means implementation of policies, compliance with laws, performance of duties and exercise of powers by an authority/organization/individual that is an inspectee.
9. “Inspection period” means period of implementation of policies, compliance with laws, performance of duties and exercise of powers by an inspectee under consideration for assessment during an inspection.
10. “Inspection duration” means duration which lasts from the date of public announcement of an inspection decision to the date of completion of direct inspection.
11. “Supervision of inspectorate’s operations” means supervision, consideration and assessment of the observance of the law, the compliance with ethical standards, code of conduct, the sense of discipline and the performance of the assigned duties by the Chief and other members of the inspectorate throughout the inspection duration.
12. “Appraisal of draft inspection conclusion” means consideration and assessment to make comments and recommendations for completion of the draft inspection conclusion.
13. “Inspection conclusion” means a document signed by an inspection decision issuer for issuance and used to assess, conclude and make recommendations on the inspected contents.
14. “Inspection-related decisions” include an inspection-conducting person’s decision to exercise inspection rights and a decision issued by a Head of competent state authority or Head of inspection authority to implement inspection conclusion.
Article 3. Inspection purposes
Inspection is aimed at detecting limitations and shortcomings in management mechanisms, policies and laws, then recommending solutions and remedial measures to competent state authorities; preventing, detecting and handling violations against laws; assisting authorities, organizations and individuals to properly observe regulations of law; promoting positive factors; contributing to control of powers; raising the efficiency and effectiveness of state management; and protecting the interests of the State and the legitimate rights and interests of authorities, organizations and individuals.
Article 4. Inspection principles
1. Comply with law and conduct inspection in an accurate, objective, transparent, democratic and prompt manner.
2. Do not obstruct normal operations conducted by inspectees and other authorities, organizations and individuals.
3. Avoid duplications of scope and duration of inspection among inspection authorities, between inspection authorities and state audit authorities; duplications in exercise of the rights when the inspection is conducted.
Article 5. Functions of inspection authorities
The inspection authority shall assist competent state authorities in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; and inspect, receive citizens, settle complaints and denunciations and organize anti-corruption in accordance with regulations of the law.
1. Intentionally refraining from issuance of inspection decisions when signs of violations are detected and inspection must be conducted according to regulations of law; conducting inspection outside jurisdiction or against inspection decisions or detailed inspection plans that have been approved.
2. Giving, receiving or brokering bribes; abusing one’s position or inspection powers to commit violations against law and harass, or cause difficulties or troubles to inspectees and other authorities, organizations and individuals; abusing powers in the process of inspection.
3. Shielding or omitting violations against law, corruption and wastefulness; intentionally making untruthful or illegal conclusions; intentionally making decisions or taking actions against the law; failing to propose prosecution and transfer files on cases with signs of crimes detected during inspection to investigation authorities in accordance with regulations; failing to handle or propose handling of authorities/organizations/individuals committing violations against laws or taking corruption and wastefulness acts; failing to take actions or propose actions against these acts, collect money or assets being appropriated, lost or wasted during inspection according to regulations.
4. Disclosing information or documents related to inspection before public announcement about official conclusions.
5. Illegally intervening in inspection; falsifying inspection results, conclusions and recommendations.
6. Failing to provide information or documents, or promptly provide full, accurate or truthful information or documents; appropriating, destroying or falsifying documents or material evidences related to inspection contents.
7. Opposing, obstructing, bribing, intimidating, taking revenge on or victimize inspection-conducting persons, supervisors, appraisers or persons who provide information or documents for inspection authorities; causing difficulties to inspection.
8. Committing other acts prohibited by law.
ORGANIZATION, DUTIES AND POWERS OF INSPECTION AUTHORITIES
Article 7. Inspection authorities
1. Government Inspectorate.
2. Inspectorates of cities and provinces (hereinafter referred as ”provincial inspectorates”).
3. Inspection authorities in the People’s Army, the People’s Public Security, the State Bank of Vietnam, including an inspection authority affiliated to the Ministry of National Defense, an inspection authority affiliated to the Ministry of Public Security, an inspection authority affiliated to the State Bank of Vietnam and other inspection authorities in the People’s Army, the People’s Public Security, the State Bank of Vietnam in accordance with the Government’s regulations.
4. Cipher Inspectorate; inspection authorities established under international treaties to which the Socialist Republic of Vietnam is a signatory (hereinafter referred to as “inspectorates established under international treaties”).
5. The Government provides for organization and specific operations of inspection authorities specified in clause 3 and clause 4 of this Article.
1. Inspector is a person designated the grade of inspector in an inspection authority to perform duties and exercise powers during the inspection as per law.
2. A person shall meet the following general conditions to be designated the grade of inspector:
a) Be a public employee or officer of the People’s Army or the People’s Public Security, a cipher worker, unless otherwise prescribe by the Government regarding inspectors of inspectorates established under international treaties
b) Be loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam; have good ethical qualities, good sense of responsibility; be incorruptible, honest, fair and objective;
c) Have at least bachelor’s degree and state management and legal knowledge.
3. Inspector grades include:
a) Inspectors;
b) Principal inspectors;
c) Senior inspectors;
4. Inspectors shall be provided with and use uniforms and cards.
5. Inspectors shall comply with regulations of law and assume responsibilities to Heads of authorities that directly manage them and law for performance of their assigned duties and powers.
6. The Government elaborates this Article.
Section 1. GOVERNMENT INSPECTORATE
Article 9. Position and functions of Government Inspectorate
1. Government Inspectorate is the Government’s authority which takes charge of state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption nationwide; and inspects, receives citizens, settles complaints and denunciations and prevents corruption and wastefulness in accordance with regulations of the law.
2. The Government Inspectorate includes the Inspector General, Deputy Inspectors General, inspectors, and public employees.
Article 10. Duties and powers of Government Inspectorate
1. In the field of inspection, the Government Inspectorate shall assist the Government in performing state management of inspection and have the following duties and powers:
a) Develop policies and laws on inspection;
b) Develop inspection program orientation and submit such orientation to the Prime Minister for approval;
c) Develop and organize implementation of general inspection plans prepared by the Government Inspectorate; provide guidance for the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam, the Cipher Inspectorate, inspectorates established under international treaties, and provincial inspectorates on development of general inspection plans, and urge and inspect the implementation of such general inspection plans;
d) Inspect implementation of policies, compliance with laws, performance of duties and exercise of powers by Ministries, ministerial authorities, Governmental authorities and People’s Committees of provinces; and authorities, organizations, units and individuals managed by Ministries without Ministry Inspectorates;
dd) Inspect compliance with laws in the fields under the state management of Ministries without Ministry Inspectorates;
e) Inspect complicated cases related to management responsibilities of multiple Ministries, ministerial authorities and People’s Committees of provinces;
g) Inspect management and use of state capital and assets in enterprises;
h) Inspect cases within its jurisdiction when detecting signs of violations against laws;
i) Conduct inspections as proposed by Ministers, Heads of ministerial authorities and Heads of Governmental authorities;
k) Inspect other cases when assigned by the Prime Minister and competent authorities;
l) Examine the accuracy and lawfulness of inspection conclusions reached by the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam, the Cipher Inspectorate, inspectorates established under international treaties, and provincial inspectorates and issue decisions to take actions after the inspection if necessary;
m) Re-inspect cases for which inspection conclusions have been reached by the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam, the Cipher Inspectorate, inspectorates established under international treaties, and provincial inspectorates when detecting signs of violations against laws;
n) Monitor, urge and examine the implementation of conclusions, recommendations and inspection-related decisions by the Prime Minister and the Government Inspectorate;
o) Cooperate with the State Audit Office in handling overlaps and duplications between inspection and state audit; provide guidance for inspection authorities on handling of overlaps and duplications between inspection and state audit;
p) Lead and direct inspection, training, guidelines for inspection and issuance of inspection certificates;
q) Consolidate and report inspection results.
2. The Government Inspectorate shall assist the Government to perform state management of citizen reception, settlement of complaints and denunciations, prevention and control of corruption; perform duties and exercise powers to receive citizens, settle complaints and denunciations, prevent and control corruption and wastefulness as per law.
Article 11. Duties and powers of Inspector General of Government Inspectorate
1. The Inspector General of the Government Inspectorate is a member of the Government. The Inspector General shall be responsible to the National Assembly, the Government and the Prime Minister for inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption.
Deputy Inspectors General shall assist the Inspector General in performing duties as assigned by the Inspector General.
2. In the field of inspection, the Inspector General has the following duties and powers:
a) Lead, direct, examine and supervise inspection under the state management of the Government; direct the Government Inspectorate to perform its duties and powers in accordance with this Law and other regulations of relevant laws;
b) Promulgate legislative documents within his/her jurisdiction;
c) Submit inspection program orientation to the Prime Minister for approval; promulgate general inspection plans prepared by the Government Inspectorate, organize and direct the implementation of such plans;
d) Decide inspection of cases within his/her jurisdiction when detecting signs of violations against laws;
dd) Decide inspection as proposed by Ministers, Heads of ministerial authorities and Heads of Governmental authorities;
e) Request Ministers, Heads of ministerial authorities and Chairpersons of provincial People’s Committees to appoint appropriate persons to participate in the Government Inspectorate when necessary;
g) Request the Minister of National Defense, the Minister of Public Security, the Governor of the State Bank of Vietnam, Ministers of Ministries with Inspectorates established under international treaties, Chairpersons of provincial People’s Committees to direct inspection of cases with signs of violations against law;
h) Decide re-inspection of cases for which inspection conclusions have been reached by the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam, the Cipher Inspectorate, inspectorates established under international treaties, and provincial inspectorates when detecting signs of violations against laws;
i) Handle overlaps and duplications between inspection and state audit; overlaps and duplications of inspection conducted by inspection authorities;
k) Consider settling inspection-related matters about which opinions of the Head of competent state authority are different from those of the Head of inspection authority. In case the Head of competent state authority disagrees, the Inspector General shall send a report to the Prime Minister for consideration and decision;
l) Recommend the Prime Minister to request Ministers, Heads of ministerial authorities, provincial People’s Committees and Chairpersons of provincial People’s Committees to terminate implementation or annul legislative documents issued by those and contrary to Constitution, laws, legislative documents of superior state authorities and the contrary is detected through inspection;
m) Recommend the Prime Minister to terminate the implementation of a part or the whole of Resolution of the provincial People’s Council which is contrary to the Constitution, laws and legislative documents of superior state authorities and the contrary is detected through inspection; send a report to the Prime Minister to request the Standing Committee of National Assembly to annul a part or the whole of Resolution of the provincial People’s Council which is contrary to the Constitution, laws and legislative documents of superior state authorities;
n) Recommend competent authorities or persons to amend or promulgate documents to meet management requirements; recommend termination of implementation or annulment of unlawful regulations that have been detected through inspection, except for cases specified in points l and m of this clause.
o) Request Ministers, Heads of ministerial authorities, Heads of Governmental authorities, Chairpersons of provincial People’s Committees to consider rectifying and correcting mistakes detected by the Government Inspectorate through inspection in sectors, domains and local areas under their management;
p) Request the Prime Minister, competent authorities and organizations or heads of authorities and organizations to consider liability and handle organizations and individuals under their management that commit violations against laws detected through the inspection or fail to implement conclusions, recommendations and inspection-related decisions.
Section 2. INSPECTION AUTHORITIES AFFILIATED TO THE MINISTRY OF NATIONAL DEFENSE, THE MINISTRY OF PUBLIC SECURITY, AND STATE BANK OF VIETNAM
Article 12. Position and functions
1. Inspection authorities shall assist Ministers, Heads of ministerial authorities in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; inspect authorities, organizations and individuals managed by Ministers and Heads of ministerial authorities and fields under the state management of Ministries and ministerial authorities; and receive citizens, settle complaints and denunciations and prevent and control corruption and wastefulness in accordance with regulations of the law.
They shall be subject to the direction and management by Ministers and Heads of ministerial authorities and the direction of inspection and professional guidance by the Government Inspectorate.
2. Inspection authorities affiliated to the Ministry of National Defense, the Ministry of Public Security, and the State Bank of Vietnam shall have chief inspectors, deputy chief inspectors, inspectors and other public employees.
Chief inspectors shall be appointed, re-appointed, dismissed, discharged, assigned, reassigned or seconded by Ministers and Heads of ministerial authorities after collection of written opinions from the Inspector General of the Government Inspectorate.
1. In the field of inspection, inspection authorities shall assist Ministries or Heads of ministerial authorities in performing state management of inspection and have the following duties and powers:
a) Advise, develop and submit regulations on organization of inspections and inspection to Ministers or Heads of ministerial authorities for promulgation and provision of guidance, and urge implementation of such regulations under the state management of Ministries or ministerial authorities;
b) Develop and submit draft general inspection plans to Ministers or Heads of ministerial authorities for opinions on guidelines, promulgation and organization of implementation of such plans;
c) Inspect implementation of policies, compliance with laws, performance of duties and exercise of powers by authorities, organizations and individuals under the management of Ministers or Heads of ministerial authorities; inspect implementation of policies and compliance with laws by authorities, organizations and individuals on the fields under the state management of Ministries or ministerial authorities;
d) Inspect cases within their jurisdiction when detecting signs of violations against laws;
dd) Inspect other cases when assigned by Ministers or Heads of ministerial authorities;
e) Re-inspect cases for which inspection conclusions have been reached by other inspection authorities in the People’s Army, the People’s Public Security, the State Bank of Vietnam;
g) Monitor, urge and examine the implementation of their conclusions and recommendations, and inspection-related decisions by Ministers or Heads of ministerial authorities;
h) Examine the accuracy and lawfulness of decisions to take actions after the inspection issued by Chairpersons of provincial People’s Committees against cases under the state management of Ministries or ministerial authorities when necessary;
i) Consolidate and report inspection results.
2. Inspection authorities shall assist Ministers or Heads of ministerial authorities to perform state management of citizen reception, settlement of complaints and denunciations, prevention and control of corruption; perform duties and exercise powers to receive citizens, settle complaints and denunciations, prevent and control corruption and wastefulness as per law.
Article 14. Duties and powers of chief inspectors
In the field of inspection, a chief inspector has the following duties and powers:
1. Lead, direct, examine and supervise inspection under the state management of Ministries or ministerial authorities; direct performance of duties and exercise of powers over inspection in accordance with this Law and other regulations of relevant laws;
2. Direct development of; promulgate and organize implementation of general inspection plans;
3. Decide inspection of cases within his/her jurisdiction when detecting signs of violations against laws;
4. Handle administrative violations or request competent persons to handle administrative violations according to regulations of the law on handling administrative violations;
5. Handle overlaps and duplications of operations conducted by inspection authorities; report them to the Inspector General of the Government Inspectorate for consideration and decision;
6. Request Ministers or Heads of ministerial authorities, within their jurisdiction, to terminate execution of illegal decisions in the fields under the state management of Ministries or ministerial authorities when detecting such illegal decisions through the inspection;
7. Request Ministers or Heads of ministerial authorities to settle matters related to inspection;
8. Recommend competent authorities or persons to amend or promulgate documents to meet management requirements; recommend termination of implementation or annulment of unlawful regulations that have been detected through inspection;
9. Request Ministers or Heads of ministerial authorities or heads of authorities and organizations to consider liability and handle organizations and individuals under his/her management that commit violations against laws detected through the inspection or fail to implement conclusions, recommendations and inspection-related decisions.
Section 3. PROVINCIAL INSPECTORATES
Article 15. Position and functions of provincial inspectorate
1. Provincial inspectorate is a specialized authority affiliated to the provincial People’s Committee and assisting the provincial People’s Committee in state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; conducting inspections under the state management of the provincial People’s Committee; receiving citizens, settling complaints and denunciations and preventing corruption and wastefulness in accordance with regulations of law.
The provincial inspectorate shall be subject to the direction and administration by the Chairperson of the provincial People’s Committee and the direction of inspection and professional guidance by the Government Inspectorate.
2. The provincial inspectorate consists of chief inspector, deputy chief inspectors, inspectors and other public employees.
The chief inspector shall be appointed, re-appointed, dismissed, discharged, assigned, reassigned or seconded by the Chairperson of the provincial People’s Committee after collection of written opinions from the Inspector General of the Government Inspectorate.
Article 16. Duties and powers of provincial inspectorate
1. In the field of inspection, the provincial inspectorate shall assist the provincial People’s Committee in performing state management of inspection and have the following duties and powers:
a) Develop and submit draft general inspection plans to the Chairperson of the provincial People’s Committee for opinions on guidelines, promulgation and organization of implementation of such plans;
b) Inspect implementation of policies, compliance with laws, performance of duties and exercise of powers by specialized authorities, other administrative organizations and public service providers affiliated to the provincial People’s Committee; commune-level People’s Committees; units and individuals under specialized authorities affiliated to the provincial People’s Committee and commune-level People’s Committees;
c) Inspect compliance with laws in the fields under the state management of specialized authorities affiliated to the provincial People’s Committee;
d) Inspect management and use of state capital and assets at enterprises whose ownership is represented by the provincial People’s Committee, except for the case where the Government Inspectorate conducts inspection;
dd) Inspect cases within its jurisdiction when detecting signs of violations against laws;
e) Inspect other cases when assigned by the Chairperson of the provincial People’s Committee;
g) Monitor, urge and examine the implementation of conclusions and recommendations given by the provincial inspectorate and inspection-related decisions issued by the Chairperson of the provincial People’s Committee or the provincial chief inspector;
h) Provide refresher training for public employees of the provincial inspectorate;
i) Consolidate and report inspection results.
2. The provincial inspectorate shall assist the provincial People’s Committee to perform state management of citizen reception, settlement of complaints and denunciations, prevention and control of corruption; perform duties and exercise powers to receive citizens, settle complaints and denunciations, prevent and control corruption and wastefulness as per law.
Article 17. Duties and powers of provincial chief inspectors
In the field of inspection, a provincial chief inspector has the following duties and powers:
1. Lead, direct, examine and supervise inspection under the state management of the provincial People’s Committee; direct the provincial inspectorate to perform its duties and powers in accordance with this Law and other regulations of relevant laws;
2. Direct development, promulgation and organization of implementation of general inspection plans;
3. Decide inspection of cases within his/her jurisdiction when detecting signs of violations against laws;
4. Request Heads of specialized authorities affiliated to the provincial People’s Committee or Chairpersons of commune-level People’s Committees to appoint appropriate persons to participate in the provincial inspectorate when necessary;
5. Request Heads of specialized authorities affiliated to the provincial People’s Committee or Chairpersons of commune-level People’s Committees to consider rectifying and correcting mistakes detected by the provincial inspectorate through inspection in sectors, domains and local areas under their management;
6. Request the Chairperson of the provincial People’s Committee to settle matters related to inspection;
7. Recommend competent authorities or persons to amend or promulgate documents to meet management requirements; recommend termination of implementation or annulment of unlawful regulations that have been detected through inspection;
8. Request the Chairperson of the provincial People’s Committee or heads of authorities and organizations to consider liability and handle organizations and individuals under his/her management that commit violations against laws detected through the inspection or fail to implement conclusions, recommendations and inspection-related decisions.
Article 18. Development and promulgation of inspection program orientation and general inspection plans
1. By September 30 every year, the Inspector General of the Government Inspectorate shall submit inspection program orientation of the following year to the Prime Minister for approval; by October 15 every year, the Prime Minister is responsible for approval.
According to the approved inspection program orientation, the Inspector General of the Government Inspectorate shall take responsibility for providing guidance for the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam, the Cipher Inspectorate, inspectorates established under international treaties, and provincial inspectorates on development of draft annual general inspection plans.
2. Development and promulgation of general inspection plans shall follow inspection program orientation and guidelines offered by the Government Inspectorate, and meet requirements for socio-economic development and management within the scope of state management of sectors, domains and local areas.
By November 15 every year, the Inspector General of the Government Inspectorate shall be responsible for promulgating their general inspection plans and sending them to inspection authorities to handle overlaps and duplications.
By November 20, every year the chief inspector of the Ministry of National Defense, the chief inspector of the Ministry of Public Security, the chief inspector of the State Bank of Vietnam, the chief inspector of the cipher inspectorate, chief inspectors of inspectorates established under international treaties, and provincial chief inspectors shall submit general inspection plans to Heads of competent state authorities at the same level for consideration and offer of their opinions.
By November 30, Heads of competent state authorities at the same level shall offer their written opinions on general inspection plans; chief inspectors shall promulgate general inspection plans not later than 05 working days after Heads of competent state authorities at the same level offer their written opinions.
3. General inspection plans shall be immediately sent to Heads of competent state authorities, the Government Inspectorate, state audit authorities, relevant authorities and organizations and notified to inspectees.
1. Inspection shall be conducted in the form of planned inspection or ad-hoc inspection.
The planned inspection shall be conducted according to the promulgated general inspection plan in accordance with regulations.
The ad-hoc inspection shall be conducted upon detection of signs of violations committed by authorities, organizations or individuals within the inspection jurisdiction, or upon request for settlement of complaints and denunciations, anti-corruption or as assigned or proposed by Heads of competent authorities or state authorities.
2. Inspection may be conducted directly, online, remotely on the basis of electronic data. Direct or remote inspection shall be conducted according to the Government’s regulations.
Article 20. Inspection duration
1. The duration of an inspection is regulated as follows:
a) The duration of an inspection conducted by the Government Inspectorate shall not exceed 60 days. With regard to a complicated case, this duration may be extended once but the extended duration shall not exceed 30 days. With regard to an extremely complicated case, the duration may be extended for the second time but the extended duration shall not exceed 20 days:
b) The duration of an inspection conducted by the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam, or the provincial inspectorate shall not exceed 45 days. With regard to a complicated case or inspection conducted at a mountainous area, border area, island or rural area with difficult access, this duration may be extended once but the extended duration shall not exceed 25 days;
c) The duration of an inspection conducted by the cipher inspectorate, the inspectorate established under the international treaty or another inspection authority in the People’s Army, the People’s Public Security, the State Bank of Vietnam shall not exceed 30 days. With regard to a complicated case or inspection conducted at a mountainous area, border area, island or rural area with difficult access, this duration may be extended once but the extended duration shall not exceed 10 days;
2. The duration for suspension of inspection specified in Article 30 of this Law shall not be included in the inspection duration.
Article 21. Procedures for conducting an inspection
1. Inspection preparation:
a) Collect information to prepare inspection;
b) Issue an inspection decision;
c) Develop and send a list of issues to be reported on (by the inspectee);
d) Notify public announcement about the inspection decision.
2. Direct inspection:
a) Publicly announce the inspection decision;
b) Collect information and documents related to contents of inspection;
c) Examine and verify information and documents;
d) Complete direct inspection.
3. Inspection completion:
a) Report the inspection result;
b) Develop draft inspection conclusion;
c) Appraise draft inspection conclusion;
d) Promulgate the inspection conclusion;
dd) Publish the inspection conclusion.
Article 22. Responsibilities of Heads of state authorities, inspection decision issuers and chiefs of inspectorates
1. A Head of state authority has the following responsibilities:
a) Request or recommend an inspection authority to conduct inspection in case of detection of signs of violations against law; or to meet requirements for settlement of complaints and denunciations, prevention and control of corruption and wastefulness;
b) Maintain operations conducted by inspection authorities; do not illegally intervene in inspection;
c) Promptly implement recommendations on inspection; direct and organize the implementation of inspection conclusion in accordance with the law.
2. The inspection decision issuer shall be responsible for organizing and directing the inspectorate’s operations, following the principles of inspection, making sure that the inspection is conducted according to regulations of law and requirements for inspection, and for the intended purposes; promptly implementing recommendations offered by the inspectorate, and settling complaints, denunciations, recommendations and reflections related to the inspectorate’s operations.
3. The chief of the inspectorate shall be responsible for organizing inspection and directing members of the inspectorate to properly and promptly conduct inspection according to the inspection decision and the detailed inspection plan; providing information and preparing reports at the request of the inspection decision issuer; and be responsible to the inspection decision issuer for the inspectorate’s operations.
Article 23. Maintenance of discipline in inspection
1. The Head of the inspection authority shall be responsible for all inspection-related activities therein. Members of the inspectorate shall abide by and follow the chief’s decisions and directions. The chief and other members of the inspectorate shall abide by and follow the inspection decision issuer’s decisions and directions.
2. The chief and other members of the inspectorate shall be entitled to advocate their opinions on inspection results and assume their responsibilities to the inspection decision issuer and the law for their opinions.
Article 24. Handling administrative violations committed by inspection-conducting persons
1. If an inspection-conducting person fails to fulfill his/her inspection duty or intentionally omits or detects any violation but fails to handle or propose handing the violation or commits other violations against regulations on inspection, depending on the nature and severity of his/her violations, he/she shall incur disciplinary penalties or face criminal prosecution. In case of damage, he/she shall pay compensation according to regulations of law.
2. After completion of inspection, if another competent agency detects any violation committed at the authority, organization or unit or by the individual that has undergone inspection covering the same contents through faults of the inspection decision issuer, the chief or other members of the inspectorate, they shall bear responsibilities. Depending on the nature and severity of the violation, they shall incur disciplinary penalties or face criminal prosecution in accordance with the law.
3. If the inspectorate has detected and reported a case with sign of violation against law but the inspection decision issuer fails to handle or request the competent authority to handle the violation, the chief and other members of the inspectorate are not required to bear responsibilities. In this case, the inspection decision issuer shall bear responsibility according to regulations of law.
If the inspectorate’s member has detected and reported a case with sign of violation against law but the chief fails to handle or request the competent authority to handle the violation within his/her jurisdiction, the member is not required to bear responsibility. In this case, the chief shall bear responsibility according to regulations of law.
1. Re-inspection shall be conducted when there is one of the following signs of violations against law:
a) There are serious violations against regulations on jurisdiction to issue inspection decisions or regulations on inspection procedures;
b) There are mistakes about application of laws to inspection conclusions;
c) Contents of inspection conclusions are not consistent with evidences collected through inspection;
d) Inspection-conducting persons intentionally falsify case files or make illegal conclusions;
dd) There are signs of serious violations committed by inspectees but such signs of serious violations have not been fully detected through the inspection.
2. The limitation period of re-inspection is 02 years from the date of issuance of the inspection conclusion.
3. When there are grounds specified in clauses 1 and 2 of this Article, regarding inspection conclusions reached by inferior inspection authorities, superior inspection authorities shall conduct re-inspection; regarding inspection conclusions reached by the Government Inspectorate, the Prime Minister shall be reported for consideration and decision.
4. The duration for re-inspection shall not exceed the inspection duration specified in clause 1 Article 20 of this Law.
5. The re-inspection conclusion shall contain the contents specified in clause 2, Article 36 of this Law and clearly identify the responsibility of the inspection authority and the inspection-conducting person for the previous inspection.
6. The Government elaborates this Article.
Article 26. Inspection decision issuance
1. An inspection decision shall be issued on the basis of one of the following grounds:
a) General inspection plan;
b) Request or proposal made by the Head of state authority or competent authority;
c) Signs of violations against laws;
d) Request for settlement of complaints and denunciations, prevention and control of corruption and wastefulness;
dd) Other relevant grounds as per law.
2. The Head of inspection authority shall issue the inspection decision according to regulations in clause 1 of this Article.
3. An inspection decision shall contain the following contents:
a) Grounds for issuance of the inspection decision;
b) Scope, contents, inspectee, period of inspection and inspection duties;
c) Inspection duration;
d) Establishment of the inspectorate.
4. Inspection decisions shall be sent to the inspectee, the Head of state authority at the same level, the superior inspection authority and relevant authorities and organizations.
The inspection decision shall be published within 15 days from the date of issuance.
1. An inspectorate is established to conduct the inspection and shall self-dissolve after handing over the inspection dossier according to regulations.
2. The inspectorate consists of the chief and other members. If necessary, the inspectorate may have deputy chiefs.
The inspectorate’s members include inspectors and participants who are not inspectors in the inspectorate.
3. If necessary, members of the inspectorate shall have good ethical qualities and professional skills; and have no conflicts about interest when conducting the inspection.
4. The Government elaborates this Article.
Article 28. Examination and verification of information and documents
1. The chief and other members of the inspectorate shall research the collected information and documents; assess the observance of policies, laws, performance of duties and exercise of powers by inspectees relevant to the assigned inspection contents.
The chief of inspectorate and inspectors shall be entitled to request responsible persons and relevant persons to explain unclear matters; if necessary to work directly with the inspectee and relevant persons, the inspectors shall report to the chief of the inspectorate for consideration and decision.
2. If it is necessary to examine and verify information and documents and clarify matters relevant to inspection contents, the chief of the inspectorate or the inspection decision issuer shall invite the inspectee, the representative of relevant authority, organization or individual to work or request the inspectee to send a report.
3. If it is necessary to examine and verify cases and clarify matters relevant to cases that have occurred, the chief of the inspectorate, the inspection decision issuer or the inspectee may invite the representative of the local authority or witnesses.
Article 29. Handling administrative violations throughout inspection
1. Inspection-conducting persons shall impose measures within their jurisdiction specified in this Law and other relevant laws to terminate violations and promptly protect interests of the State, legitimate rights and interests of authorities, organizations and individuals. In case violations committed by inspectees and relevant authorities, organizations and individuals fall outside their jurisdiction to handle such violations, chiefs of inspectorates shall request inspection decision issuers or heads of competent state authorities to handle these violations.
2. In case of detection of a case with sign of crime, the chief of the inspectorate shall send a report to the inspection decision issuer that will immediately transfer the case file and relevant documents together with a written prosecution recommendation to the competent investigation authority for consideration and handling as per law and the People’s Procuracy at the same level shall be notified. The inspectorate shall continue to conduct inspection according to the detailed inspection plan that has been approved. The inspection decision issuer shall issue inspection conclusion in accordance with the law.
The investigation authority shall notify the inspection authority of the result of the settlement of the case. In case the duration for consideration and resolution of the prosecution recommendation has expired according to regulations of the Criminal Procedure Code, but the inspection authority that has recommended the prosecution fails to receive a written notification or disagrees about the result of settlement, the inspection authority shall discuss with the investigation authority or the People’s Procuracy at the same level to clarify reasons. If the inspection authority still disagrees with the result, the inspection authority shall request the investigation authority, the Superior People’s Procuracy for consideration and settlement and report to the superior inspection authority.
3. Inspectees, authorities, organizations and individuals that commit prohibited acts or violate the obligations of the inspectees specified in this Law shall, depending the nature and severity of their violations, incur disciplinary and administrative penalties or face criminal prosecution. In case of damage, they shall pay compensation according to regulations of the law.
Article 30. Inspection suspension
1. The inspection decision issuer shall decide to suspend an inspection in the following cases:
a) There are force majeure events that impact on the progress in inspection;
b) The actual situation affects the direct inspection due to focus on performance of important and urgent duties at the request of the competent authority;
c) The inspectee requests suspension of the inspection with legitimate reasons and the inspection decision issuer grants consent.
2. When the inspection is suspended, the inspection decision issuer shall consider cancelling the imposed measures or imposing measures within his/her jurisdiction and make sure that normal operations conducted by the inspectee are not obstructed.
3. The inspection suspension specified in point c clause 1 of this Article is imposed once and the duration for suspension shall not exceed 30 days from the date of issuance of the inspection suspension decision.
The inspection decision issuer shall decide to continue to conduct inspection when the reason for the suspension of the inspection no longer exists or the suspension duration expires.
4. Decisions to suspend the inspection and continue to conduct the inspection shall be sent to the inspectee.
Article 31. Inspection termination
1. The inspection decision issuer shall decide to terminate all or some inspection contents included in the inspection decision in the following cases:
a) The inspectee is an individual who is dead; an authority or organization that has been dissolved or gone bankrupt without any other authority, organization or individual that inherits their rights and obligations;
b) Inspection contents have been concluded by the superior inspection authority;
c) A decision on prosecution against a criminal lawsuit over the same inspection contents has been issued;
d) The Head of state authority at the same level has made a written request for termination of the inspection;
dd) Overlaps and duplications have been eliminated in accordance with regulations.
2. When the inspection is terminated, the inspection-conducting person shall cancel the imposed measures within his/her jurisdiction throughout the inspection.
3. Inspection termination decisions shall be sent to the inspectee, the Head of state authority at the same level, the superior inspection authority and relevant authorities, organizations and individuals.
Article 32. Supervision of inspectorate’s operations
1. The inspection decision issuer shall be responsible for supervising the inspectorate’s operations. If necessary, the inspection decision issuer shall issue a decision to assign a public employee or establish a supervision group to supervise the inspectorate’s operations (hereinafter referred to as “supervisor”). In this decision, operations, composition, time and methods for supervision shall be clearly stated.
2. The following operations of the inspectorate shall be supervised:
a) Observance of regulations of law on grounds, jurisdiction and procedures for performance of duties and exercise of powers over inspection;
b) Compliance with the direction by the inspection decision issuer; implementation of the inspection decision and the detailed inspection plan; compliance with regulations on information and reporting.
c) Observance of regulations of the law on prohibited acts; receipt and settlement of complaints, denunciations, recommendations and reflections on the inspectorate’s operations.
Article 33. Inspection result report and consideration thereof
1. After the direct inspection is completed, the chief of the inspectorate shall be responsible for preparing an inspection result report and sending it to the inspection decision issuer. An inspection result report shall contain the following contents:
a) Specific conclusion of each content that has undergone inspection;
b) Clear identification of the nature, extent and consequences of violations; causes and responsibilities of authorities, organizations and individuals that commit violations (if any);
c) Different opinions (if any) between the chief and other members of the inspectorate on the contents of the inspection result report;
d) Imposed handling measures and recommendations on handling and remedial measures and solutions (if any).
2. In case of detection of corruption or wastefulness through inspection, the inspection result report shall clearly state responsibilities of the head of authority or organization. To be specific:
a) Incapability of management;
b) Irresponsibility for management;
c) Cover-up over persons committing corruption or wastefulness acts.
3. The inspection result report shall clearly state regulations of law to serve as the basis for identification of the nature and extent of violations and recommendations on handling and remedial measures and solutions.
4. The duration for preparation for the inspection result report begins from the date on which the inspectorate completes the direct inspection and is regulated as follows:
a) With regard to an inspection conducted by the Government Inspectorate, the duration for preparation for the inspection result report shall not exceed 30 days. In a complicated case, the duration can be extended up to 45 days;
b) With regard to an inspection conducted by the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam, the Cipher Inspectorate, or the provincial inspectorate, the duration for preparation for the inspection result report shall not exceed 20 days. In a complicated case, the duration can be extended up to 30 days;
c) With regard to an inspection conducted by the inspectorate established under the international treaty or another inspection authority in the People’s Army, the People’s Public Security or the State Bank of Vietnam, the duration for preparation for the inspection result report shall not exceed 15 days. In a complicated case, the duration can be extended up to 25 days;
5. The inspection decision issuer shall consider assessing contents included in the inspection result report prepared by the inspectorate.
If necessary, the inspection decision issuer shall request the chief of the inspectorate to clarify or revise contents included in the inspection result report.
Article 34. Draft inspection conclusion development
1. Within 05 working days from the date of receipt of the inspection result report, the inspection decision issuer shall assign the chief of inspectorate to develop a draft inspection conclusion. The draft inspection conclusion shall include the contents specified in clause 2 Article 36 of this Law.
2. During the process of development of the draft inspection conclusion, the inspection decision issuer shall be entitled to request the chief and other members of the inspectorate to report, request the inspectee or the relevant authority, organization or individual to explain and clarify issues expected to be concluded about the inspection contents.
3. The explanation shall be recorded in writing. Information, documents and evidences shall be enclosed with such explanation to prove the explanation contents. The chief of the inspectorate shall conduct study and request the inspection decision issuer to handle the explanation contents provided by the inspectee.
4. The draft inspection conclusion shall be sent to the inspectorate’s members to seek opinions before it is submitted to the inspection decision issuer.
Members of the inspectorate shall be entitled to advocate their opinions on the draft inspection conclusion. The chief of the inspectorate shall be entitled to advocate contents of the draft inspection conclusion before the inspection decision issuer. Their opinions shall be made in writing together with the draft inspection conclusion.
5. The duration for development of the draft inspection conclusion begins from the date on which the inspection decision issuer assigns development of the draft inspection conclusion and is regulated as follows:
a) With regard to an inspection conducted by the Government Inspectorate, the duration for development of the draft inspection conclusion shall not exceed 30 days. In a complicated case, the duration can be extended up to 45 days;
b) With regard to an inspection conducted by the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam, the Cipher Inspectorate, or the provincial inspectorate, the duration for development of the draft inspection conclusion shall not exceed 20 days. In a complicated case, the duration can be extended up to 30 days;
c) With regard to an inspection conducted by the inspectorate established under the international treaty or another inspection authority in the People’s Army, the People’s Public Security or the State Bank of Vietnam, the duration for development of the draft inspection conclusion shall not exceed 15 days. In a complicated case, the duration can be extended up to 25 days.
6. During the process of development of the draft inspection conclusion, the inspection decision issuer may decide to seek opinions from relevant authorities, organizations and individuals on one or some contents of the draft inspection conclusion. Such authorities, organizations and individuals shall reply in writing to the enquired contents within the time limit at the request of the inspection decision issuer.
Article 35. Draft inspection conclusion appraisal
1. Draft inspection conclusions developed by the Government Inspectorate, the inspection authority affiliated to the Ministry of National Defense, the inspection authority affiliated to the Ministry of Public Security, the inspection authority affiliated to the State Bank of Vietnam and the provincial inspectorate shall be appraised before they are signed for promulgation. Draft inspection conclusions developed by other inspection authorities shall be appraised when necessary.
2. The inspection decision issuer shall consider assigning a unit or individual to appraise the draft inspection conclusion (hereinafter referred to as “appraiser”) for the intended purposes and according to requirements and the approved inspection decision and the detailed inspection plan. The assignment of appraisal of the draft inspection conclusion shall be made in writing and the appraisal duration shall be clearly stated in the written assignment.
3. The appraiser shall be entitled to request the inspectorate to provide information and documents necessary for appraisal; prepare a report on the result of appraisal and take responsibility to the inspection decision issuer for the appraisal result.
4. The inspection decision issuer shall be responsible for direction of consideration and receipt of opinions on appraisal and completion of the draft inspection conclusion.
Article 36. Inspection conclusion issuance
1. Within 15 days from the date of receipt of the draft inspection conclusion, the inspection decision issuer shall sign and issue the inspection conclusion; and take responsibility for his/her conclusion and recommendations. Regarding the Government Inspectorate’s draft inspection conclusion, the duration for issuance of the inspection conclusion may be extended up to 30 days from the date of receipt of the draft inspection conclusion.
The Head of state authority at the same level shall urge and examine the issuance in order to ensure that the inspection conclusion is issued by the prescribed deadline.
Regarding a draft conclusion of inspection of a case involved in national defense and security or an important and complicated case under the direction and management of the Central Steering Committee for anti-corruption and wastefulness, the provincial Steering Committee for anti-corruption and wastefulness or at the request of the Head of state authority at the same level, the inspection decision issuer shall make a written report and send it to the Head of state authority at the same level.
Within 30 days from the date of receipt of the written report, the Head of state authority at the same level shall give his/her written opinions on the reported contents; if Head of state authority fails to respond or give opinions against the draft inspection conclusion, the inspection decision issuer shall immediately issue the inspection conclusion.
2. The inspection conclusion shall be accurate, objective and feasible and include the following contents:
a) Assessment of the implementation of policies, compliance with laws, performance of the assigned duties and exercise of the assigned powers by the inspectee.
c) Inspection conclusion;
c) Clear identification of the nature, extent and consequences of violations; causes and responsibilities of authorities, organizations and individuals that commit violations (if any);
d) Handling measures within the jurisdiction and recommendations on handling and remedial measures and solutions (if any) for protection of interests of the State, legitimate rights and interests of the inspectee, and of relevant authorities, organizations and individuals.
dd) Limitations and inadequacies of relevant management mechanisms, policies, laws and remedial recommendations.
3. Throughout inspection, the inspection decision issuer may issue the inspection conclusion to the examined and verified contents that have enough grounds for conclusion; and continue to inspect other contents included in the inspection decision. Throughout an inspection, multiple inspection conclusions may be issued in order to promptly meet state management requirements.
4. Before publishing the inspection conclusion, the inspection decision issuer may amend the issued inspection conclusion to make sure that the conclusion is accurate, objective and feasible.
5. After the inspection conclusion is published, it shall be sent to the Head of state authority at the same level, the superior inspection authority, the inspectee and other relevant authorities, organizations and individuals.
Article 37. Inspection conclusion publishing
1. Within 10 days from the date of signing and issuance of the inspection conclusion, the inspection decision issuer shall publish the inspection conclusion by the method specified at point b, clause 3 of this Article or one of the methods specified in points a, c and d, clause 3 of this Article.
2. The entirety of the inspection conclusion shall be published, except for state secrets or other secrets as prescribed by the law.
3. The inspection conclusion shall be published by the following methods:
a) Organizing a press conference or meeting to publish the inspection conclusion. Participants include the inspection decision issuer, the inspectorate, the inspectee, relevant authorities, organizations and individuals;
b) Publishing the inspection conclusion on the web portal of the inspection authority or the state authority at the same level;
c) Publishing the inspection conclusion on at least one mass medium at the place where the inspection is conducted;
d) Publicly posting the inspection conclusion at the head office of the authority or organization that is the inspectee.
DUTIES AND POWERS OF INSPECTION-CONDUCTING PERSONS
Article 38. Duties and powers of inspection decision issuers
1. An inspection decision issuer has the following duties and powers:
a) Direct the inspectorate to strictly comply with the inspection decision and the detailed inspection plan and examine and supervise the inspectorate’s compliance;
b) Request the inspectee to provide information and documents, report or explain matters related to inspection contents; request relevant authorities, organizations and individuals to provide information and documents on inspection contents;
c) Decide request for external assessment of matters related to inspection contents;
d) Decide or request the competent person to decide to temporarily seize assets, licenses or practice certificates that have been illegally used;
dd) Terminate or request the competent person to terminate violations;
e) Request a credit institution to freeze the inspectee’s account; request the authority which controls assets and income or another competent authority to impose measures to promptly prevent the inspectee from destroying or dispersing assets or ensure that the decision on withdrawal of assets issued by the Head of the inspection authority or the Head of the state authority is implemented;
g) Decide stocktaking of assets;
h) Decide to withdraw assets which are appropriated, illegally used or lost;
i) Request the competent person to suspend the execution of the decision on imposition of disciplinary action on, transfer, dismissal or retirement of the inspectee or the person who provides information and documents on inspection contents if the execution of the decision is likely to obstruct the inspection;
k) Recommend the competent person to suspend works and handle officials and public employees who intentionally obstruct inspection or fail to comply with requests, recommendations or the inspection decision;
l) Decide to handle within his/her jurisdiction or request the competent person to handle the inspection result; examine and urge the execution of the inspection-related decision;
m) Settle complaints, denunciations, recommendations and reflections related to responsibilities of the chief and other members of the inspectorate;
n) Suspend or change the chief and other members of the inspectorate;
o) Issue inspection conclusion;
p) Transfer the file on case with sign of crime and relevant documents enclosed with the written prosecution recommendation to the investigation authority;
q) Propose imposition of or impose administrative penalties according to regulations of the law on handling administrative violations;
r) Perform other duties and powers as per law.
2. If the imposition of measures specified in points d, dd, e, i and k clause 1 of this Article is no longer necessary, the inspection decision issuer shall decide or propose immediate cancellation of the imposition of such measures.
Article 39. Duties and powers of chief of inspectorate
1. The chief of inspectorate shall have the following duties and powers:
a) Manage and direct the inspectorate’s members to strictly comply with the inspection decision and the detailed inspection plan that have been approved;
b) Request the inspection decision issuer to impose measures within his/her jurisdiction according to regulations of this Law and other relevant laws to fulfill inspection requirements and purposes;
c) Request the inspectee to provide information and documents, report or explain matters related to inspection contents; request relevant authorities, organizations and individuals to provide information and documents on inspection contents;
d) Request or recommend the competent person to decide to temporarily seize assets, licenses or practice certificates that have been illegally used; request the competent authority to temporarily seize assets undergoing stocktaking;
dd) Request a credit institution to freeze the inspectee’s account; request the authority which controls assets and income or another competent authority to impose measures to promptly prevent the inspectee from destroying or dispersing assets;
e) Decide to seal documents;
g) Decide stocktaking of assets;
h) Terminate or request the competent person to terminate violations;
i) Request the competent person to suspend the execution of the decision on imposition of disciplinary action on, transfer, dismissal or retirement of the inspectee or the person who provides information and documents on inspection contents if the execution of the decision is likely to obstruct the inspection;
k) Propose imposition of or impose administrative penalties according to regulations of the law on handling administrative violations;
l) Report the inspection result to the inspection decision issuer and take responsibility for the accuracy, truthfulness and objectivity of such report;
m) Perform other duties and powers as per law.
2. If the imposition of measures specified in points d, dd, e, h and i clause 1 of this Article is no longer necessary, the chief of inspectorate shall decide or propose immediate cancellation of the imposition of such measures.
Article 40. Duties and powers of members of inspectorate
1. The inspectorate’s member who is inspector has the following duties and powers:
a) Perform duties as assigned by the chief of inspectorate;
b) Request the inspectee to provide information and documents, report or explain matters related to inspection contents; request relevant authorities, organizations and individuals to provide information and documents on inspection contents;
c) Propose imposition of or impose administrative penalties according to regulations of the law on handling administrative violations;
d) Recommend the chief of the inspectorate to impose measures within duties and powers of the chief specified in clause 1, Article 39 of this Law to perform the assigned duties;
dd) Report the result of the performance of the assigned duties to the chief of the inspectorate and take responsibility to the chief and the law for the accuracy, truthfulness and objectivity of such report;
e) Perform other duties and powers as per law.
2. Other members of the inspectorate who are not inspectors have duties and powers specified in points a, d, dd and e clause 1 of this Article.
Article 41. Requesting inspectees to provide information and documents and give report and explanation
1. Throughout inspection, the inspection decision issuer, the chief and other members of the inspectorate who are inspectors shall be entitled to request the inspectee to provide information, document, and give written report and explanation for matters related to inspection contents.
2. The inspectee shall provide information and documents in a prompt, complete and accurate manner and take responsibility to law for the accuracy and truthfulness of the provided information and documents.
3. The inspection-conducting person shall be responsible for preservation, access and use of information and documents for the intended purposes. With regard to a document that is original copy, the inspection-conducting person shall be responsible for returning it to the inspectee after completion of the inspection.
Article 42. Requesting relevant authorities, organizations and individuals to provide information and documents
1. Throughout inspection, the inspection decision issuer, the chief and other members of the inspectorate who are inspectors shall be entitled to request relevant authorities, organizations and individuals to provide information and documents related to inspection contents.
2. These relevant authorities, organizations and individuals shall provide information and documents in a prompt, complete and accurate manner and take responsibilities to law for the accuracy and truthfulness of the provided information and documents.
3. The inspection-conducting person shall be responsible for preservation, access and use of information and documents specified in clause 3 Article 41 of this Law.
1. The chief of the inspectorate shall decide to seal part of or all documents of the inspectee when there is any ground to believe that such documents are relevant to violations or such documents shall be kept completely intact.
The decision to seal documents shall be made in writing. Documents to be sealed, the duration of sealing documents and the obligations of the inspectee shall be clearly stated in this decision. Sealed documents shall be included in a list which bears signatures of the representative of the inspectorate and the inspectee.
2. The duration of sealing documents shall not be longer than the duration of direct inspection at the location where the inspection is conducted. The access to and use of the sealed documents shall obtain consent from the chief of the inspectorate.
1. The inspection decision issuer or the chief of the inspectorate shall decide stocktaking of assets owned by the inspectee relevant to inspection contents upon detection of any difference between assets recorded in accounting books and actual assets; or detection of signs or abnormalities of illegal use or appropriation of assets.
2. The asset stocktaking decision shall be made in writing. The assets, the time and location for stocktaking, the responsibility of the person who conducts the stocktaking, and the obligations of the person who has assets undergoing stocktaking shall be clearly stated in this decision. The stocktaking of assets shall be recorded in writing. Regarding stocktaked assets to be temporarily seized, the chief of the inspectorate shall request the inspection decision issuer or the competent person to decide temporary seizure according to regulations of Article 47 of this Law.
Article 45. Request for external assessment
1. If it is necessary to assess contents related to expertise and techniques to serve as the basis for conclusion, the chief of the inspectorate shall request the inspection decision issuer to decide request for external assessment. The request for external assessment shall be recorded in writing. Requirements, contents, the duration, authorities and organizations that carry out assessment shall be clearly stated in the written request.
2. Authorities and organizations that have received request for external assessment shall carry out the assessment and notify assessment results within the duration as requested by inspection authorities and take responsibilities to the law for the accuracy, objectivity and promptness of such assessment results.
3. Funding for request for external assessment shall be paid by the inspection authority. If the inspectee commits any violation, the inspectee shall pay funding for request for external assessment, unless otherwise prescribed by law.
4. The Government elaborates this Article.
Article 46. Violation termination
1. Throughout inspection, in case of detection of any violation that causes serious damage to the interests of the State, legitimate rights and interests of authorities, organizations and individuals, the inspection decision issuer, the chief of the inspectorate shall decide to terminate the violation or request the competent person to issue the violation termination decision.
2. The violation termination decision shall be made in writing. Reasons, contents, termination duration and persons responsible for execution of the decision shall be clearly stated in the decision.
Article 47. Temporary seizure of assets, licenses and practice certificates
1. Throughout inspection, the chief of inspectorate shall request the inspection decision issuer or the competent person to decide temporary seizure of assets, licenses or practice certificates in case the illegal use of such assets, licenses or practice certificates is detected and it must be prevented promptly; or to verify circumstances to serve as evidences for conclusion and handling.
2. The temporary seizure decision shall be made in writing. The asset, license or practice certificate temporarily seized, seizure duration, the responsibility of the temporary seizure decision issuer and the obligations of the person whose the asset, license or practice certificate is temporarily seized shall be clearly stated in this decision. The temporary seizure shall be recorded in writing.
3. The preservation and custody of assets, licenses and practice certificates temporarily seized shall comply with regulations of law.
Article 48. Requesting credit institutions to freeze accounts of inspectees
1. If there is any ground to believe that the inspectee has dispersed assets or failed to abide by the decision on temporary seizure or withdrawal of assets issued by the competent person specified in Articles 47 and 49 of this Law, the decision inspection issuer shall request the credit institution where the inspectee opens their account to freeze such account to serve inspection.
2. Throughout inspection, if there is any ground to believe that the inspectee has dispersed assets, the chief of the inspectorate shall request the credit institution where the inspectee opens their account to freeze such account to serve inspection.
3. The account freeze request shall be recorded in writing. Purposes, the person whose account is frozen, the time and duration of the freeze and the responsibility of the credit institution shall be clearly stated in the written request.
4. The credit institution where the inspectee opens their account shall promptly and fully implement and prepare a written report on the implementation of the request for freeze on the account.
5. The Government elaborates this Article.
Article 49. Withdrawal of assets which are appropriated, illegally used or lost due to violations
1. The inspection decision issuer shall issue a decision to withdraw assets when it is detected that the inspectee appropriates, illegally uses or loses assets of the State without wait for inspection conclusion, unless otherwise prescribed by law.
2. The decision on withdrawal of assets shall be made in writing. Assets to be withdrawn, withdrawal grounds and responsibilities of relevant authorities, organizations and individuals, withdrawn duration and responsibilities of persons whose assets are withdrawn shall be clearly stated in this decision. Persons whose assets are withdrawn shall strictly abide by the withdrawal decision.
The asset withdrawal decision issuer shall monitor, examine, urge the execution of such decision.
3. The Government elaborates this Article.
RIGHTS AND OBLIGATIONS OF INSPECTEES; SETTLEMENT OF COMPLAINTS, DENUNCIATIONS, RECOMMENDATIONS AND REFLECTIONS ON INSPECTION
Article 50. Rights and obligations of inspectees
1. The inspectee has the following rights:
a) Explain matters related to inspection contents;
b) Complain about any decision or act issued/committed by the inspection-conducting person throughout inspection; make recommendations on contents of the inspection conclusion in case such contents are not accurate; recommend handling of overlaps or duplications throughout inspection;
c) Request compensation for damage and restoration of other legitimate rights and interests as prescribed by the law.
d) An individual who is the inspectee has the right to denounce violations committed by the inspection-conducting person in accordance with the law on denunciation.
2. The inspectee has the following obligations:
a) Comply with the inspection decision;
b) Provide information and documents in a prompt, complete and accurate manner as requested by the inspection-conducting person and take responsibility to law for the accuracy and truthfulness of the provided information and documents.
c) Comply with requests, recommendations, inspection conclusions and the inspection-related decision issued by the inspection-conducting person and competent authorities and individuals.
Article 51. Complaints, denunciations, recommendations and reflections on inspection and settlement thereof
1. Complaints about inspection shall be made and settled as follows:
a) The Head of inspection authority shall settle complaints about his/her decisions or acts or those issued/committed by the chief or other members of the inspectorate according to the Government’s regulations.
b) The Head of state authority shall settle complaints about his/her inspection-related decision and inspection-related decisions issued by authorities or individuals under his/her management in accordance with the law on complaints.
2. Denunciations of inspection shall be made and settled accordance with the law on denunciations.
3. Recommendations on inspection conclusion; and recommendations and reflections on inspection and settlement thereof shall comply with the Government’s regulations.
IMPLEMENTATION OF SPECTION CONCLUSIONS
Article 52. Responsibilities of Heads of inspection authorities
1. The Head of the inspection authority shall send a written recommendation to the Head of the state authority at the same level to direct the implementation of the inspection conclusion according to clause 1 Article 53 of this Law.
The written recommendation and the inspection conclusion shall be sent at the same time. To be specific: methods and measures for organizing implementation of recommendations included in the inspection conclusion within the jurisdiction of the Head of state authority at the same level shall be proposed.
2. The Head of the inspection authority shall report the result of implementation of the inspection conclusion to the Head of the state authority at the same level.
Article 53. Responsibilities of Heads of state authorities
1. The Head of the state authority at the same level shall be responsible for directing the implementation of the inspection conclusion as follows:
a) Within 15 days from the date of receipt of the inspection conclusion, the Head of the state authority at the same level shall issue a written direction of the implementation of the inspection conclusion, except for the case specified in point b of this clause;
b) Regarding an inspection conclusion reached by the Government Inspectorate, within 30 days from the date of receipt of the inspection conclusion, the Prime Minister shall direct contents within the jurisdiction of the Government, the Prime Minister; Heads of other state authorities shall issue documents to organize the implementation of inspection conclusions within their jurisdiction.
2. The written direction of the implementation of the inspection conclusion shall contain the following contents:
a) Handling or requesting or recommending the competent authority or person to handle any violation against regulations on economy;
b) Handling or requesting or recommending the competent authority or person to handle any authority/organization/individual committing violations against law;
c) Imposing or requesting or recommending the competent authority or person to impose remedial measures to complete policies and laws.
3. The Head of the state authority at the same level and the Head of inspection authority shall consider dealing with difficulties and problems about implementation of the inspection conclusion to make sure that state management is efficient.
Article 54. Responsibilities of inspectees, heads of authorities or organizations that directly manage inspectees and relevant authorities, organizations and individuals
1. The inspectee shall develop and organize implementation of the plan to implement the inspection conclusion in a full, prompt and punctual manner. The plan shall clearly state remedial measures against economy-related violations and actions against organizations and individuals committing violations mentioned in the inspection conclusion; implementation progress and report on result of the implementation to the inspection conclusion-issuing authority. In case contents included in the inspection conclusion cannot be implemented immediately, within 10 days from the date on which the inspection conclusion is published, the inspectee shall send a report clearly stating progress and reasons to the competent person.
During the implementation of the inspection conclusion, in case of difficulties and problems, they shall be reported to the inspection conclusion-issuing authority that will send a consolidated report to the Head of state authority at the same level and the inspection authority for consideration and resolution according to regulations.
2. Within 15 days from the date on which the inspection conclusion is published, according to contents included in the inspection conclusion, the document on organization of the implementation of the inspection conclusion, requests, recommendations and the inspection-related decision, the Head of authority or organization that directly manages the inspectee shall:
a) Completely, promptly and punctually fulfill requests and recommendations and execute the inspection-related decision within the scope of his/her responsibility;
b) Promptly direct the inspectee to organize implementation of the inspection conclusion, requests, recommendations and the inspection-related decision;
c) Impose measures within his/her jurisdiction to deal with the inspectee’s difficulties and problems during the implementation of the inspection conclusion, requests, recommendations and the inspection-related decision;
d) Examine the development of the plan to implement the inspection conclusion by the inspectee.
3. The inspectee, the Head of authority or organization that directly manages the inspectee and relevant authorities, organizations and individuals shall be responsible for report on the result of implementation of the inspection conclusion to the competent authority and the Head of the inspection authority.
Article 55. Monitoring, urging and examining implementation of inspection conclusions
1. Heads of inspection authorities, heads of state authorities at the same level shall, within their duties and powers, give direction to monitor, urge and examine implementation of inspection conclusions and promptly handle problems.
Inspection authorities shall monitor, urge and examine implementation of inspection conclusions and inspection-related decisions by themselves and Heads of state authorities at the same level.
2. If the person responsible for monitoring, urging and examining the implementation of the inspection conclusion fails to organize the implementation or fully implement the inspection conclusion, he/she shall be handled as per law.
Inspectees, authorities, organizations and individuals that fail to implement or fully and promptly implement inspection conclusions, shall, depending on the nature and severity of their violations, be disciplined, incur administrative penalties or face criminal prosecution in accordance with law. In case of damage, they shall pay compensation in accordance with regulations.
3. The Government elaborates this Article.
COOPERATION IN INSPECTION, STATE AUDIT, INVESTIGATION, SUPERVISION AND EXAMINATION
Article 56. Cooperation in inspection and state audit
1. Inspection authorities and state audit authorities shall be responsible for cooperation to ensure that inspection and state audit are effective and efficient.
2. The Inspector General of the Government Inspectorate and the State Auditor General shall direct cooperation in development and implementation of inspection and audit plans; handling of overlaps and duplications between inspection and state audit; provision and exchange of information on inspection and audit; use of inspection and audit results; training in inspection and audit.
3. The chief inspector of the Ministry of National Defense, the chief inspector of the Ministry of Public Security, the chief inspector of the State Bank of Vietnam, the provincial chief inspector, the Head of unit affiliated to the Government Inspectorate, the Head of unit affiliated to State Audit Office shall cooperate in operations and regularly exchange information to avoid overlaps and duplications when conducting inspection and audit.
In case of detection of overlaps or duplications in terms of contents and scope between inspection authorities and state audit authorities, Heads of inspection authorities or units shall cooperate with Heads of state audit authorities or units to impose appropriate measures to avoid overlaps and duplications and make sure each operation of an organization or individual is inspected by only one inspecting authority or state audit authority
4. Throughout state audit and inspection or before issuance of inspection conclusions and audit reports, state audit and inspection authorities may collect opinions each other on necessary contents to ensure that inspection conclusions and audit reports are accurate, objective and full.
Inspection authorities shall be entitled to use information, data and conclusions included audit reports prepared by state audit authorities for inspection conclusions. State audit authorities shall be responsible for provision of audit results, conclusions and recommendations for inspection authorities; and the accuracy of the provided information and documents.
5. Every year, the Government Inspectorate and the State Audit Office shall assess and conduct final review of the handling of overlaps and duplications between inspection and state audit in order to overcome them when developing plans and conducting inspection and state audit for the following year.
Article 57. Cooperation in inspection, investigation and supervision
1. Inspection authorities, investigation authorities and Procuracies, within their functions, duties and powers as prescribed by law, shall be responsible for cooperating, exchanging and providing information on violations against the law and crimes detected through inspection; promptly exchanging information and results of settlement of prosecution recommendations transferred from inspection authorities to investigation authorities and Procuracies.
2. Investigation authorities shall receive written prosecution recommendations, files and information about cases transferred by inspection authorities to handle them in accordance with regulations of the law on criminal procedure.
3. Inspection authorities do not inspect contents within the jurisdiction of Procuracies to supervise execution of civil and administrative judgments.
Article 58. Cooperation in inspection and examination
1. Inspection authorities and state authorities shall be responsible for cooperation to improve the effectiveness of inspection and examination to promptly detect and handle violations against law, thereby contributing to rectification and improvement of the effectiveness of state management.
2. When carrying out inspection and examination, in case of overlaps or duplications, inspection-conducting authorities and examination authorities shall cooperate to handle such overlaps or duplications; in case of disagreement, inspection authorities shall conduct inspection.
3. Through inspection, if necessary to clarify signs of violations, state authorities shall request or recommend competent inspection authorities to conduct inspection.
CONDITIONS FOR MAINTAINANCE OF INSPECTION
Article 59. Funding for inspection authorities’ operations; policies applicable to inspectors
1. Funding for inspection authorities’ operations shall be covered by state budget.
2. Management, allocation, provision and use of inspection authorities’ budgets shall comply with regulations of law on state budget.
3. Each inspection authority may retain a portion of the illegal money discovered and collected through inspection to cover its operating expense and make improvements to its operation after transferring the rest to state budget in accordance with regulations issued by the Standing Committee of the National Assembly.
4. Policies and allowances for inspectors shall comply with the Government’s regulations.
Article 60. Inspection modernization
1. The State shall formulate policies on investment and development of science and technology and other means to maintain organization and operation of inspection authorities; establish databases which serve inspection; apply information technology and digital technology to inspection; develop standards of inspection to ensure that inspection is quality, effective, feasible, lawful, public and transparent.
2. Heads of state authorities shall be responsible for fulfillment of conditions for enhancement and promotion of inspection in a professional, formal and gradually modern manner, thereby contributing to improvement of the efficiency and effectiveness of state management.
Article 61. Specialized examination by state authorities; organization and implementation of internal inspections by the Supreme People’s Court, Supreme People’s Procuracy and State Audit Office
1. The Head of state authority shall be responsible for organizing examination of implementation of policies and compliance with laws by authorities, organizations and individuals under his/her management as per law. During the examination, if any violation is detected, the Head shall impose or request a competent authority to impose measures according to regulations of law to promptly handle the violation; if necessary, he/she may request or recommend the competent authority to conduct inspection; in case of any sign of crime, the Head shall propose prosecution and transfer the case file and relevant documents to the investigation authority for consideration and decision on criminal prosecution in accordance with regulations of law.
2. The Government shall issue regulations on specialized examination by state authorities, unless otherwise stipulated by laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee.
3. Organization and implementation of internal inspections by the Supreme People’s Court, Supreme People’s Procuracy and State Audit Office shall comply with regulations of law.
Article 62. Amendments to laws and resolutions of the National Assembly and other legislative documents related to inspection
1. The following articles, clauses, points and phrases in laws and resolutions of the National Assembly shall be annulled:
a) Article 101 of the Law on Inland Waterway Transport No. 23/2004/QH11 amended by the Law No. 48/2014/QH13, the Law No. 97/2015/QH13, the Law No. 35/2018/QH14 and the Law No. 44/2019/QH14;
b) Article 10 of the Law on Information Technology No. 67/2006/QH11 amended by the Law No. 21/2017/QH14 and the Law No. 20/2023/QH15;
c) Article 7 of the Law on Physical Training and Sports No. 77/2006/QH11 amended by the Law No. 26/2018/QH14;
d) Article 44 of the Law on Dikes No. 79/2006/QH11 amended by the Law No. 15/2008/QH12, the Law No. 35/2018/QH14, the Law No. 60/2020/QH14, the Law No. 18/2023/QH15 and the Law No. 47/2024/QH15;
dd) The phrase “Thanh tra” (inspection) in point e clause 2 Article 5; Article 7 of the Law on Radio Frequencies No. 42/2009/QH12 amended by the Law No. 09/2022/QH15;
e) The phrase “Thanh tra” (inspection) in point e clause 1, point d clause 2 Article 62, clause 6 Article 63, clause 7 Article 64; Article 66 of the Law on Food Safety No. 55/2010/QH12 amended by the Law No. 28/2018/QH14;
g) The phrase “, thanh tra sở, thanh tra huyện, quận, thị xã, thành phố thuộc tỉnh” (, inspectorates of provincial-level departments, inspectorates of districts, district-level towns, provincial cities) in clause 3 Article 63 of the Law on Complaints No. 02/2011/QH13 amended by the Law No. 42/2013/QH13;
h) Article 50; the phrase “Chánh thanh tra Bộ Khoa học và Công nghệ” (Chief inspector of the Ministry of Science and Technology) in clause 5 Article 52; the phrase “Thanh tra” (inspection) in clause 8 Article 54 of the Law on Measurement No. 04/2011/QH13 amended by the Law No. 35/2018/QH14;
i) The phrase “thanh tra” (inspection) in clause 6 Article 162; Article 165 of the Law on Construction No. 50/2014/QH13 amended by the Law No. 03/2016/QH14, the Law No. 35/2018/QH14, the Law No. 40/2019/QH14, the Law No. 62/2020/QH14, the Law No. 45/2024/QH15, the Law No. 47/2024/QH15, the Law No. 55/2024/QH15 and the Law No. 61/2024/QH15;
k) The phrase “Thanh tra việc sử dụng ngân sách, việc tuyển dụng, sử dụng, quản lý, thực hiện chế độ chính sách đối với công chức, viên chức, người lao động trong hệ thống tổ chức thi hành án dân sự;” (inspect use of state budget, recruitment, employment, management and implementation of policies applicable to public employees and employees in the system of civil judgment-enforcing organizations;) in point e clause 1 Article 167 of the Law on Enforcement of Civil Judgments No. 26/2008/QH12 amended by the Law No. 64/2014/QH13, the Law No. 23/2018/QH14, the Law No. 67/2020/QH14, the Law No. 03/2022/QH15, the Law No. 31/2024/QH15 and the Law No. 43/2024/QH15;
l) The phrase “Thanh tra” (inspection) in point m clause 2 Article 71; Article 72 of the Law on Vocational Education No. 74/2014/QH13 amended by the Law No. 97/2015/QH13, the Law No. 21/2017/QH14 and the Law No. 43/2019/QH14;
m) Article 62 of the Law on Religion and Folk Belief No. 02/2016/QH14;
n) The phrase “,Chánh thanh tra sở, Chánh thanh tra cấp huyện” (Chief Inspectors of Departments and Chief Inspectors of districts) in clause 1 Article 32 of the Law on Denunciation No. 25/2018/QH14 amended by the Law No. 59/2020/QH14;
o) The phrase “Thanh tra” (inspection) in point l clause 2 Article 57; point a clause 1 Article 59 of the Law on Topography and Cartography No. 27/2018/QH14;
p) The phrase “Thanh tra” (inspection) clause 15 Article 191; Article 192 of the Law on Housing No. 27/2023/QH15 amended by the Law No. 43/2024/QH15;
q) Article 82 of the Law on Water Resources No. 28/2023/QH15;
r) The phrase “Thanh Tra” (inspection) in point a clause 5 Article 190, clause 3 Article 234 of the Land Law No. 31/2024/QH15 amended by the Law No. 43/2024/QH15, the Law No. 47/2024/QH15 and the Law No. 58/2024/QH15;
s) The phrase “thanh tra chuyên ngành về đóng bảo hiểm xã hội, bảo hiểm thất nghiệp, bảo hiểm y tế;” (inspect payment of social insurance, unemployment insurance and health insurance premiums;) in clause 1 Article 16; the phrase “Thanh tra chuyên ngành về đóng bảo hiểm xã hội, bảo hiểm thất nghiệp, bảo hiểm y tế.” (carry out specialized inspection of social insurance, unemployment insurance, health insurance premium payments.) in clause 5 Article 17; the phrase “thanh tra” (inspection) in clause 5 Article 136; the phrase “thanh tra” (inspection) in clause 2, clause 6 Article 137 of the Social Insurance Law No. 41/2024/QH15;
t) The phrase “thanh tra” (inspection) in point i clause 2 Article 90; Article 92 of the Law on Cultural Heritage No. 45/2024/QH15;
u) Clause 1 and clause 2 Article 7 of the Resolution No. 190/2025/QH15.
2. In case the National Assembly’s laws or resolutions and other legislative documents contain regulations on organization of and inspection which are not conformable to this Law, they shall be amended before March 01, 2027 to conform to regulations of this Law. During the period on which the National Assembly’s laws or resolutions have not yet been amended, regulations of this Law shall prevail.
1. This Law takes effect from July 01, 2025.
2. The Law on Inspection No. 11/2022/QH15 will cease to have effect from the effective date of this Law, except for regulations in clauses 1 and 3 Article 64 of this Law.
3. The Government shall elaborate the assigned articles and clauses and provide guidance on implementation of this Law.
Article 64. Transition clauses
1. If an inspection decision is issued before the effective date of this Law but an inspection conclusion has not been issued, the inspection may be carried on according to the Law on Inspection No. 11/2022/QH15.
If an inspection is in progress or has ended but an inspection conclusion has not been issued, the inspectorate shall continue to perform duties, make a draft inspection conclusion and submit it to the Head of inspection authority after the apparatus re-organization to consider issuing the inspection conclusion.
Regarding inspections conducted by a sub-ministerial inspectorate or inspectorate affiliated to Vietnam Social Security that has its operations terminated and a specialized authority assigned to conduct inspection, the Head of authority receiving functions, duties and powers or the Head of specialized authority previously assigned to conduct inspection shall consider issuing the inspection conclusion.
2. The implementation of the inspection conclusion and the execution of the inspection-related decision shall be monitored, urged and examined as follows:
a) In case the authority no longer organizes inspection after the apparatus re-organization, the head shall assign a unit affiliated to the authority to monitor, urge and examine the implementation of the inspection conclusion and the execution of the inspection-related decision; except for the cases specified in point b and point c of this clause;
b) The provincial inspectorate shall monitor, urge and examine implementation of inspection conclusions reached by the district-level inspectorate;
c) The specialized authority previously assigned to conduct inspection shall monitor, urge and examine implementation of inspection conclusions reached by the specialized authority assigned to conduct inspection;
d) In case the organization or individual must implement the inspection conclusion or execute the inspection-related decision but they no longer operate, the organization or individual receiving functions, duties and powers shall implement the inspection conclusion or execute the inspection-related decision.
3. The authority receiving functions, duties and powers or the specialized authority previously assigned to conduct inspection shall continue to settle complaints, denunciations, recommendations and reflections on inspection that are being settled according to the Law on Inspection No. 11/2022/QH15.
This Law was passed by the 15th National Assembly of the Socialist Republic of Vietnam, 9th session, on June 25, 2025.
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CHAIRMAN OF THE NATIONAL ASSEMBLY Tran Thanh Man |
